Category Archives: Five Eyes

The quest to build an NSA-proof European cloud

The Atlantic reports: If Germany’s special parliamentary session on U.S. surveillance this week was any indication, European politicians are still worked up about former NSA contractor Edward Snowden’s leaks. Chancellor Angela Merkel declared that the revelations had “tested” U.S.-German relations. Green Party politician Hans-Christian Strobele urged the German leader to thank Snowden and offer him asylum for discovering that her cell phone “was probably bugged.” Merkel even got called a “scaredy-cat” for not standing up to Washington.

The criticism comes as politicians in the region — from Estonia to Germany — are calling for the European Union to create a cloud-computing infrastructure of its own to compete with American providers like Amazon, Google, and Verizon.

The idea is that if the EU has its own cloud — and what form it would take, who would build it, and where it would be based remain unclear — then member states could compel providers to abide by the EU’s (comparatively) stricter data-protection rules. It’s part of a backlash against the long arm of the U.S. intelligence community that has echoes everywhere from Brazil to the United Nations. [Continue reading…]

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Investors tell AT&T and Verizon to explain their roles in U.S. surveillance

The New York Times reports: Shareholders are putting AT&T and Verizon Wireless on notice: Tell the public more about the companies’ role in government surveillance efforts or risk a ding to the bottom line.

Two separate but similar shareholder resolutions, from New York State’s comptroller and a large investment firm, say that the two dominant wireless carriers hurt customers’ trust by not disclosing more about the data they share with governments. The resolutions are the latest sign that the flurry of revelations about American spying efforts is putting business pressure on the companies lassoed into providing customer data to the government.

“If a customer is concerned about their privacy perhaps being compromised, they could switch to another service,” said Thomas P. DiNapoli, New York’s comptroller, the trustee of the $160.7 billion New York State Common Retirement Fund. He filed a resolution with AT&T this month demanding that the carrier publish reports on the information it collects and shares.

AT&T and Verizon Wireless, which juggle enormous amounts of phone calls and Internet data over their networks, have been quiet about the types of information they share about their customers. Internet giants like Yahoo and Google, meanwhile, have published so-called transparency reports detailing the types of information they share with government agencies.

Some tech companies, including Microsoft and Apple, have also been outspoken about their desire to release more information on government requests, including how many orders they receive to disclose the contents of email and other communications.

The comptroller and Trillium Asset Management, an independent investment adviser with over $1.3 billion in assets under management, are pushing for similar disclosure from AT&T and Verizon. They say their investments in AT&T and Verizon are at stake because a lack of trust could make customers look for other service providers. [Continue reading…]

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Poll: Most Americans say Snowden leaks harmed national security

The Washington Post reports: Americans increasingly believe that former federal contractor Edward Snowden’s exposure of U.S. surveillance programs damaged national security, even as the programs have sparked widespread privacy concerns, a new Washington Post-ABC News poll has found.

Six in 10 Americans — 60 percent — say Snowden’s actions harmed U.S. security, increasing 11 percentage points from July after a cascade of news reports based on his disclosures detailed the National Security Agency’s expansive web of telephone and Internet surveillance efforts. Clear majorities of Democrats, Republicans and independents believe disclosures have harmed national security.

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U.S. and U.K. struck secret deal to allow NSA to ‘unmask’ Britons’ personal data

The Guardian reports: The phone, internet and email records of UK citizens not suspected of any wrongdoing have been analysed and stored by America’s National Security Agency under a secret deal that was approved by British intelligence officials, according to documents from the whistleblower Edward Snowden.

In the first explicit confirmation that UK citizens have been caught up in US mass surveillance programs, an NSA memo describes how in 2007 an agreement was reached that allowed the agency to “unmask” and hold on to personal data about Britons that had previously been off limits.

The memo, published in a joint investigation by the Guardian and Britain’s Channel 4 News, says the material is being put in databases where it can be made available to other members of the US intelligence and military community.

Britain and the US are the main two partners in the ‘Five-Eyes’ intelligence-sharing alliance, which also includes Australia, New Zealand and Canada. Until now, it had been generally understood that the citizens of each country were protected from surveillance by any of the others. [Continue reading…]

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The NSA overreach poses a serious threat to our economy

Rep. Jim Sensenbrenner writes: Technology companies revolutionized the global economy by creating an interconnected, high-speed international marketplace.

Internet and telecommunication companies empower businesses to conduct complex transactions and connect with customers, clients and governments across the globe, placing a premium on privacy, accountability and transparency. These principles are the currency of their success, because as private citizens, we entrust these companies with very personal information.

The overreach by the National Security Agency (NSA) does more than infringe on American civil liberties. It poses a serious threat to our economic vitality. Reports from the business community are clear: indiscriminate collection of data by the NSA damages American companies’ growth, credibility, competitive advantage and bottom line.

US companies seeking to expand to lucrative markets in Europe and Asia will find regulatory environments much less receptive to mergers and acquisitions because of NSA programs. German regulatory officials have made it clear, for instance, that AT&T, a massive American telecommunications company that provided customer telephone numbers to the NSA as ordered by the Foreign Intelligence Surveillance Court (known as the Fisa court), would undergo intense scrutiny to ensure it complies with German privacy laws before it can acquire a German telecommunications company. This mandate would certainly impede efforts to expand its presence in the region. [Continue reading…]

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Private firms selling mass surveillance systems around world, documents show

The Guardian reports: Private firms are selling spying tools and mass surveillance technologies to developing countries with promises that “off the shelf” equipment will allow them to snoop on millions of emails, text messages and phone calls, according to a cache of documents published on Monday.

The papers show how firms, including dozens from Britain, tout the capabilities at private trade fairs aimed at offering nations in Africa, Asia and the Middle East the kind of powerful capabilities that are usually associated with government agencies such as GCHQ and its US counterpart, the National Security Agency.

The market has raised concerns among human rights groups and ministers, who are poised to announce new rules about the sale of such equipment from Britain.

“The government agrees that further regulation is necessary,” a spokesman for the Department for Business, Innovation and Skills said. “These products have legitimate uses … but we recognise that they may also be used to conduct espionage.”

The documents are included in an online database compiled by the research watchdog Privacy International, which has spent four years gathering 1,203 brochures and sales pitches used at conventions in Dubai, Prague, Brasilia, Washington, Kuala Lumpur, Paris and London. Analysts posed as potential buyers to gain access to the private fairs.

The database, called the Surveillance Industry Index, shows how firms from the UK, Israel, Germany, France and the US offer governments a range of systems that allow them to secretly hack into internet cables carrying email and phone traffic. [Continue reading…]

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FISA judge: ‘NSA exceeded the scope of authorized acquisition continuously’

Ars Technica reports: Yet another Foreign Intelligence Surveillance Court (FISC) judge has blasted United States government and intelligence officials for disregarding the court’s guidelines for domestic surveillance of American e-mail metadata traffic, a program that ran for around a decade before ending in 2011.

“As noted above, [National Security Agency’s] record of compliance with these rules has been poor,” wrote Judge John D. Bates, in a 117-page opinion (PDF) whose date was redacted. The opinion is just one of a series of documents released and declassified late Monday evening by the Office of the Director of National Intelligence (ODNI).

“Most notably, NSA generally disregarded the special rules for disseminating United States person information outside of NSA until it was ordered to report such disseminations and certify to the FISC that the required approval had been approved. The government has provided no meaningful explanation why these violations occurred, but it seems likely that widespread ignorance of the rules was a contributing factor.” [Continue reading…]

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Supreme Court rejects case challenging NSA phone spying

Wired reports: The Supreme Court today rejected a challenge to the National Security Agency’s once-secret telephone metadata spying program.

The justices, without comment, declined to entertain a challenge from the Electronic Privacy Information Center seeking to halt the program that was disclosed in June by NSA leaker Edward Snowden.

The court’s inaction means that the there isn’t likely to be any court resolution to constitutional challenges to the metadata program for years. Legislation, however, is pending to gut the program.

What’s more, several cases challenging the snooping are pending in federal courts across the country. EPIC’s petition was unusual in that it went directly to the Supreme Court without first being litigated in the lower courts.

The Washington, D.C. based non-profit privacy group went straight to the justices after Snowden’s leak because of the gravity of the phone spying, which includes telephone companies having to provide the NSA the phone numbers of both parties involved in all calls, the International Mobile Subscriber Identity (IMSI) number for mobile callers, calling card numbers used in the call, and the time and duration of the calls. [Continue reading…]

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In Germany, legacy of Stasi puts different perspective on NSA spying

The Washington Post reports: The secret police, or Stasi, roped in an estimated 190,000 part-time, secret informants and employed an additional 90,000 officers full time – in total, more than one in every 50 adult East Germans as of 1990. East Germans who dared to criticize their government — even to a spouse, a best friend or a pastor — could wind up disappearing into its penal system for years.

In east Berlin sits the former Hohenschoenhausen prison, which was reserved for East Germany’s most politically sensitive cases.

Hubertus Knabe — a West German who smuggled banned books into the East, and later discovered that he had been betrayed by a priest who had encouraged him to do so — now has a plate-glass view of the most perilous destination for victims of Stasi surveillance. He is the director of the prison museum, which is hidden away in a Berlin neighborhood whose rows of imposing apartment blocks still house many former Stasi officers.

Knabe said the consequences of the Stasi’s excesses were far more devastating than anything ever associated with the NSA. “They forget what it’s like to live in a dictatorship versus a democracy,” he said of people who say that the NSA has behaved like the Stasi.

Former inmates now lead tours of the dank, tiny cells in which they were incarcerated, and they say they sometimes run into their old tormenters on the street or at the grocery store.

Many Germans — from both sides of the German border, since East German spying reached deep into its sibling country — have thick Stasi files that they can now request to see. More painfully, they can also learn which of their friends or associates did the collecting of information in those files.

Thousands of people who were collaborators have been chased from public life. Even now, new accusations of Stasi associations can dog politicians and celebrities around Germany.

“We hear that the Stasi was some kind of dilettante agency compared to the NSA,” since the NSA is probably collecting more data overall than the East Germans did, Knabe said. “But East Germans know that the Stasi was a lot worse.”

Knabe said the East German system created a level of fear that few of his fellow citizens truly have about the American spy efforts. Nevertheless, he said, there were other similarities. He has filed a criminal complaint about the NSA spying in a German court.

“The western system punished someone when they had committed a crime. The eastern system punished people when they were only thinking about committing a crime,” he said. If the NSA’s material starts being used not just for counterterrorism efforts but for other kinds of preemptive crime-fighting, he said, “that would be a completely different type of state.”

According to an ARD-Infratest dimap poll released Friday, just 35 percent of Germans find the U.S. government trustworthy, second only to Russia as a target of mistrust. [Continue reading…]

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Give Snowden asylum in Germany

Malte Spitz and Hans-Christian Ströbele write: Almost every day, new information is released about how American and British intelligence agencies have monitored governments, embassies and the communications of whole societies. These revelations have provided us with a deep and terrifying insight into the uncontrolled power of intelligence agencies.

They show that data collection is no longer about targeted acquisition of information to avert threats, and it’s certainly not about the dangers of “international Islamist terrorism.” After all, which terrorist is going to call or text Chancellor Angela Merkel?

All of our current knowledge about this surveillance is thanks to one man, Edward J. Snowden. Without him, Ms. Merkel would still be a target for monitoring, and surveillance of German diplomats, businessmen and ordinary citizens would be continuing, undetected.

Without Mr. Snowden, there wouldn’t have been months of discussions in the German Bundestag, the European Parliament and the American Congress about better protection of citizens’ private and commercial communications. Mr. Snowden is paying a high price for having opened the eyes of the world. He can no longer lead a normal life.

He acted in an emergency situation to stop and prevent terrible things. According to both German and American law, the government can grant immunity when criminal laws are violated in order to defend the paramount right to freedom. Publicly announcing a crime should not be a crime. The United States has long had laws to protect whistle-blowers from punishment — and we Germans aspire to have such laws.

According to recent surveys by ARD, a German TV station, 60 percent of Germans see Mr. Snowden as a hero and only 14 percent as a criminal. They know his courageous revelations were intended to protect freedom and the values that we share with America. [Continue reading…]

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GCHQ monitors hotel reservations to track diplomats

Der Spiegel reports: Britain’s GCHQ intelligence service monitors diplomats’ travels using a sophisticated automated system that tracks hotel bookings. Once a room has been identified, it opens the door to a variety of spying options.

When diplomats travel to international summits, consultations and negotiations on behalf of governments, they generally tend to spend the night at high-end hotels. When they check-in, in addition to a comfortable room, they sometimes get a very unique form of room service that they did not order: a thorough monitoring by the British Government Communications Headquarters, or GCHQ in short.

Intelligence service documents from the archive of NSA whistleblower Edward Snowden show that, for more than three years, GCHQ has had a system to automatically monitor hotel bookings of at least 350 upscale hotels around the world in order to target, search and analyze reservations to detect diplomats and government officials.

The top secret program carries the codename “Royal Concierge,” and has a logo showing a penguin wearing a crown, a purple cape and holding a wand. The penguin is apparently meant to symbolize the black and white uniform worn by staff at luxury hotels. [Continue reading…]

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Feinstein promotes bill to strengthen NSA’s hand on warrantless searches

The Guardian reports: A Senate bill promoted as a surveillance reform would codify the ability of the National Security Agency to search its troves of foreign phone and email communications for Americans’ information, and permit law enforcement agencies to search the vast databases as well.

The Fisa Improvements Act, promoted by Dianne Feinstein, the California Democrat who chairs the Senate intelligence committee, would both make permanent a loophole permitting the NSA to search for Americans’ identifying information without a warrant – and, civil libertarians fear, contains an ambiguity that might allow the FBI, the DEA and other law enforcement agencies to do the same thing.

“For the first time, the statute would explicitly allow the government to proactively search through the NSA data troves of information without a warrant,” said Michelle Richardson, the surveillance lobbyist for the ACLU.

“It may also expand current practices by allowing law enforcement to directly access US person information that was nominally collected for foreign intelligence purposes. This fourth amendment back door needs to be closed, not written into stone.” [Continue reading…]

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Eric Holder doesn’t see any basis to prosecute Glenn Greenwald… for now

Mike Masnick writes: It’s not a complete promise, but in an interview with the Washington Post, Attorney General Eric Holder suggested that, while he disagrees with some of what Glenn Greenwald is doing, he still thinks it’s legitimate journalism and he’s not looking to prosecute him for anything related to the Ed Snowden NSA leaks:

Holder indicated that the Justice Department is not planning to prosecute former Guardian reporter Glenn Greenwald, one of the journalists who received documents from Snowden and has written a series of stories based on the leaked material. Greenwald, an American citizen who lives in Brazil, has said he is reluctant to come to the U.S. because he fears detention and possible prosecution.

“Unless information that has not come to my attention is presented to me, what I have indicated in my testimony before Congress is that any journalist who’s engaged in true journalistic activities is not going to be prosecuted by this Justice Department,” Holder said.

“I certainly don’t agree with what Greenwald has done,” Holder said. “In some ways, he blurs the line between advocate and journalist. But on the basis of what I know now, I’m not sure there is a basis for prosecution of Greenwald.”

That’s not exactly a ringing endorsement of freedom of the press, nor is it probably enough to make Greenwald feel comfortable. [Continue reading…]

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NSA and DHS try to suppress free speech

nsa-t-shirt

VOA reports: The U.S. National Security Agency and the Department of Homeland Security have threatened legal action to block the sale of T-shirts that ridicule these two powerful government agencies. But the T-shirt designer says NSA and DHS are the ones breaking the law by assaulting free speech, a pillar of democratic society.

A judge may decide who is right.

One T-shirt calls the NSA the “only part of the government that actually listens,” a joke that plays on the NSA’s controversial, and critics say overzealous, monitoring of communications worldwide. Americans tend to laugh out loud when they see the message.

Another shirt parodies the DHS logo, rewritten as the “Department of Homeland Stupidity.”

Agency officials have sent stern letters to the printer who makes and distributes these designs, demanding an immediate halt, according to T-shirt designer Dan McCall. He says the letters cite federal laws banning unauthorized use or defacement of official logos. [Continue reading…]

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Google warns about the NSA threat to the U.S. economy

The New York Times reports: Google’s canned responses to reports of government spying have ranged from “concerned” to “outraged.” But some of its employees have been more outspoken.

One of Google’s top lawyers testified before Congress Wednesday about surveillance, demanding urgent reform of email privacy laws and warning of threats to the open Internet and to the United States economy. Meanwhile, Google engineers who work on security railed against the government online.

The backlash against government Internet surveillance could hurt the United States economy, partly because businesses and consumers could abandon United States cloud companies, said Richard Salgado, the director for law enforcement and information security at Google, in testimony before the Senate judiciary subcommittee on privacy, technology and the law.

He cited studies like one from Forrester that predicted the cloud computing industry could lose $180 billion, 25 percent of its revenue, by 2016. [Continue reading…]

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British press freedom under threat

In an editorial, the New York Times says: Britain has a long tradition of a free, inquisitive press. That freedom, so essential to democratic accountability, is being challenged by the Conservative-Liberal Democrat coalition government of Prime Minister David Cameron.

Unlike the United States, Britain has no constitutional guarantee of press freedom. Parliamentary committees and the police are now exploiting that lack of protection to harass, intimidate and possibly prosecute The Guardian newspaper for its publication of information based on National Security Agency documents that were leaked by Edward Snowden. The New York Times has published similar material, believing that the public has a clear interest in learning about and debating the N.S.A.’s out-of-control spying on private communications. That interest is shared by the British public as well.

In the United States, some members of Congress have begun pushing for stronger privacy protections against unwarranted snooping. British parliamentarians have largely ducked their duty to ask tough questions of British intelligence agencies, which closely collaborate with the N.S.A., and have gone after The Guardian instead.

Alan Rusbridger, the newspaper’s editor, has been summoned to appear before a parliamentary committee next month to testify about The Guardian’s internal editorial decision-making regarding the Snowden information. Members of Parliament have also demanded information on the newspaper’s decision to make some of the leaked information available to other journalists, including those at The Times. That should be none of Parliament’s business. Meanwhile, Scotland Yard detectives are pursuing a criminal investigation into The Guardian’s actions surrounding the Snowden leaks.

These alarming developments threaten the ability of British journalists to do their jobs effectively. Britain’s press has long lacked the freedoms enjoyed by American newspapers. Now it appears they are less free from government interference than journalists in Germany, where Der Spiegel has published material from the Snowden leaks without incurring government bullying.

The global debate now taking place about intelligence agencies collecting information on the phone calls, emails and Internet use of private citizens owes much to The Guardian’s intrepid journalism. In a free society, the price for printing uncomfortable truths should not be parliamentary and criminal inquisition.

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Cisco demonstrates how the NSA is seriously damaging the U.S. economy

Quartz reports: Cisco announced two important things in today’s earnings report: The first is that the company is aggressively moving into the Internet of Things — the effort to connect just about every object on earth to the internet — by rolling out new technologies. The second is that Cisco has seen a huge drop-off in demand for its hardware in emerging markets, which the company blames on fears about the NSA using American hardware to spy on the rest of the world.

Cisco chief executive John Chambers said on the company’s earnings call that he believes other American technology companies will be similarly affected. Cisco saw orders in Brazil drop 25% and Russia drop 30%. Both Brazil and Russia have expressed official outrage over NSA spying and have announced plans to curb the NSA’s reach.

Analysts had expected Cisco’s business in emerging markets to increase 6%, but instead it dropped 12%, sending shares of Cisco plunging 10% in after-hours trading. [Continue reading…]

If Cisco currently feels like its operations have been undermined by the NSA, it hasn’t shown much reticence in the past about making its technology available where it would likely be used for surveillance.

In 2011, the Wall Street Journal reported: Western companies including Cisco Systems Inc. are poised to help build an ambitious new surveillance project in China—a citywide network of as many as 500,000 cameras that officials say will prevent crime but that human-rights advocates warn could target political dissent.

The system, being built in the city of Chongqing over the next two to three years, is among the largest and most sophisticated video-surveillance projects of its kind in China, and perhaps the world. Dubbed “Peaceful Chongqing,” it is planned to cover a half-million intersections, neighborhoods and parks over nearly 400 square miles, an area more than 25% larger than New York City.

The project sheds light on how Western tech companies sell their wares in China, the Middle East and other places where there is potential for the gear to be used for political purposes and not just safety. The products range from Internet-censoring software to sophisticated networking gear. China in particular has drawn criticism for treating political dissent as a crime and has a track record of using technology to suppress it.

An examination of the Peaceful Chongqing project by The Wall Street Journal shows Cisco is expected to supply networking equipment that is essential to operating large and complicated surveillance systems, according to people familiar with the deal.

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NSA practices could inspire a global boom in intrusive surveillance

MIT Technology Review: Reports of the National Security agency’s surveillance programs based on documents leaked by Edward Snowden have been embarrassing for some, enraging to others. But to governments and security services in developing economies they will prove inspirational, according to a report (PDF) from the University of Toronto’s Citizen Lab, which studies online security and privacy.

The report warns that governments that already impose authoritarian controls on the Internet, such as China, India, and Saudi Arabia, may now seek to boost those efforts with NSA-style bulk collection programs that trample on civil liberties.

Ron Deibert, director of Citizen Lab, writes in the report that:

“No doubt one implication of Snowden’s revelations will be the spurring on of numerous national efforts to regain control of information infrastructures through national competitors to Google, Verizon, and other companies implicated, not to mention the development of national signals intelligence programs that attempt to duplicate the US model.”

Deibert says that many companies already face “complex” and “frustrating” requests from “newly emerging markets” for data on their users. He believes that the NSA revelations will cause those to become even more common, with unwelcome results. [Continue reading…]

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